Supneet Matharu vs State Of Chhattisgarh

The applicants have preferred this first bail application under Section 438 of Cr.P.C., as they are apprehending their arrest in connection with Crime No.35/2022, registered at Police Station Mahila Thana, Ambikapur, District Surguja (C.G.) for the offence punishable under Section 498-A of IPC.

The prosecution story, in brief, is that complainant lodged a written report alleging that her marriage was solemnized with the co-accused Rajdeep Singh Bacchu on 07.02.2021 according to rituals and customs, but soon after the marriage the accused persons subjected her to cruelty and harassment for demand of dowry. The present applicants are the brother-in-law and sister-in-law of the complainant and they are also involved in the said commission of offence. Thereafter, a case was registered against the accused persons for the aforesaid offence.

Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. The co-accused, the father-in-law and mother-in-law of the complainant, have already been granted anticipatory bail by the Trial Court. He further submits that presently the applicants are suffering from illness and they have children to take care of as well, a copy of medical documents have already been annexed as Annexure-A/2 in this regard. The applicants are also living separately from their relatives. Therefore, under these circumstances, the applicants may kindly be granted anticipatory bail.

On the other hand, learned State counsel opposes the bail application.

I have heard learned counsel for the parties and perused the case diary.

Considering the facts and circumstances of the case, nature of allegation, for the fact that the co-accused have already been granted anticipatory bail by the Trial Court, without commenting anything on the merit of the case, the present is considered to be a fit case to release the applicants on anticipatory bail.

Accordingly, the bail application is allowed. It is directed that in the event of arrest of applicants in connection with crime in question, they shall be released on anticipatory bail by the officer arresting them on each of them executing a personal bond in the sum of Rs.25,000/- with one local surety of the like amount to the satisfaction of the Arresting Officer with following conditions :

(i) that they shall make themselves available for interrogation before Investigating Officer as and when required;

(ii) that they shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of case so as to dissuade him /her from disclosing such facts to the Court or to any police officer;

(iii) that they shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and

(iv) that they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.